Tobin v City of Canada Bay Council [2018] NSWLEC 1533

Tobin v City of Canada Bay Council [2018] NSWLEC 1533

The Commissioners must give effect to a valid agreement between the parties reached under s 34(3) of the Land and Environment Court Act 1979 provided the agreement is one the Court could properly make.

Jurisdiction
Australia
Judgment Date
04 October 2018
Procedural Posture
Conciliation Conference/appeal / Final Orders Following Agreement at Conciliation
Outcome
Appeal upheld; modification of development consent granted on agreed terms.
Legal Topics
['development Application' 'modification of Consent' 'conciliation Conference' 'land and Environment Court Procedures']
['planning and Environment'] ['development Application' 'modification of Consent' 'conciliation Conference' 'land and Environment Court Procedures']

Case Brief

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Procedural Posture

Conciliation Conference/appeal / Final Orders Following Agreement at Conciliation

Legal Issues

  1. 1 ['Whether the appeal should be upheld on the basis of an agreement under s 34(3) Land and Environment Court Act 1979' "Whether the development consent should be modified in accordance with parties' agreement"]

Ratio Decidendi

The Commissioners must give effect to a valid agreement between the parties reached under s 34(3) of the Land and Environment Court Act 1979 provided the agreement is one the Court could properly make.

Court Disposition

Appeal upheld; modification of development consent granted on agreed terms.

Orders

  • ['The appeal is upheld.' 'Approval is granted to modify Development Consent No. 480/2003 dated October 2003 for the Extension of Hotel Trading Hours of the Oxford Hotel at 13 Lyons Road, Drummoyne by modifying the conditions set out in Annexure A, resulting in a consolidated set of conditions set out in Annexure B.']